Hidalgo County Affidavit of Facts as to Death Form (New Mexico)
All Hidalgo County specific forms and documents listed below are included in your immediate download package:
Affidavit of Facts Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included Hidalgo County compliant document last validated/updated 5/20/2025
Affidavit of Facts Guide
Line by line guide explaining every blank on the form.
Included Hidalgo County compliant document last validated/updated 3/24/2025
Completed Example of the Affidavit of Facts Document
Example of a properly completed form for reference.
Included Hidalgo County compliant document last validated/updated 4/3/2025
The following New Mexico and Hidalgo County supplemental forms are included as a courtesy with your order:
When using these Affidavit of Facts as to Death forms, the subject real estate must be physically located in Hidalgo County. The executed documents should then be recorded in the following office:
Hidalgo County Clerk
Courthouse - 300 S Shakespeare St, Lordsburg, New Mexico 88045
Hours: 9:00 to 5:00 M-F
Phone: (575) 542-9213
Local jurisdictions located in Hidalgo County include:
- Animas
- Lordsburg
- Playas
- Rodeo
How long does it take to get my forms?
Forms are available immediately after submitting payment.
How do I get my forms, are they emailed?
Immediately after you submit payment, the Hidalgo County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.
What does "validated/updated" mean?
This indicates the most recent date when at least one of the following occurred:
- Updated: The document was updated or changed to remain compliant.
- Validated: The document was examined by an attorney or staff, or it was successfully recorded in Hidalgo County using our eRecording service.
Are these forms guaranteed to be recordable in Hidalgo County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Hidalgo County including margin requirements, content requirements, font and font size requirements.
Can the Affidavit of Facts as to Death forms be re-used?
Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Hidalgo County that you need to transfer you would only need to order our forms once for all of your properties in Hidalgo County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by New Mexico or Hidalgo County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
What type of files are the forms?
All of our Hidalgo County Affidavit of Facts as to Death forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
Do I need any special software to use these forms?
You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
Do I have to enter all of my property information online?
No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
Can I save the completed form, email it to someone?
Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
Are there any recurring fees involved?
No. Nothing to cancel, no memberships, no recurring fees.
Completing the Transfer under a New Mexico Transfer on Death Deed
In January 2014, New Mexico updated its statutes relating to transfer on death deeds (TODD). This new information is codified at Sections 45-6-401 through 45-6-417 NMSA 1978.
The law for transferors is specific about executing and revoking TODDs, but offers almost no guidance to beneficiaries who wish to accept the real estate after the owner's death. Technically, the transferor's death triggers a change in ownership to the beneficiary, but how does that happen?
One way to formalize the title transfer is to file an <b>affidavit of facts as to death</b>. This document usually contains details about the recorded transfer on death deed as well as identification of the subject property. By submitting the affidavit to the recording office for the county where the land is situated, the beneficiary has protected his/her interest in the real estate and maintained a clear chain of title.
In addition to the affidavit itself, the beneficiary might submit an official copy of both the deceased transferor's death certificate and the recorded transfer on death deed, naming the beneficiary as the intended recipient of the interest in real property. Not all New Mexico counties require these documents; some refuse to accept death certificates for recording at all, citing privacy concerns.
Overall, even though the transfer of title rights to the beneficiary happens as a function of law, it makes sense to formalize it by recording an affidavit of facts as to death. Before submitting the affidavit for entry in the public record, check with the local recording office to verify the correct supporting documentation.
Remember that each circumstance is unique, so contact an attorney with specific questions or for complex situations.
(New Mexico Affidavit Package includes form, guidelines, and completed example)
Our Promise
The documents you receive here will meet, or exceed, the Hidalgo County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Save Time and Money
Get your Hidalgo County Affidavit of Facts as to Death form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.
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A. S.
February 27th, 2019
First, I am glad that you gave a blank copy, an example copy, and a 'guide'. It made it much easier to do. Overall I was very happy with your products and organization... however, things got pretty confusing and I have a pretty 'serious' law background in Real Estate and Civil law. With that said, I spent about 10+ hours getting my work done, using the Deed of Trust and Promissory note from you and there were a few problems: First, it would be FANTASTIC if you actually aligned your guide to actually match the Deed or Promissory Note. What I mean is that if the Deed says 'section (E)' then your guide shouldn't be 'randomly' numbered as 1,2,3, for advice/instructions, but should EXACTLY match 'section (E)'. Some places you have to 'hunt' for what you are looking for, and if you did it based on my suggestion, you wouldn't need to 'hunt' and it would avoid confusion. 2nd: This one really 'hurt'... you had something called the 'Deed of Trust Master Form' yet you had basically no information on what it was or how to use it. The only information you had was a small section at the top of the 'Short Form Deed of Trust Guide'. Holy Cow, was that 'section' super confusing. I still don't know if I did it correctly, but your guide says only put a return address on it and leave the rest of the 16 or so page Deed of Trust beneath it blank... and then include your 'Deed of Trust' (I had to assume the short form deed that I had just created) as part of it. I had to assume that I had to print off the entire 17 page or so title page and blank deed. I also had to assume that the promissory note was supposed to be EXHIBIT A or B on the Short Form Deed. It would be great if someone would take a serious look at that short section in your 'Short Form Deed of Trust Guide' and realize that those of us using your products are seriously turning this into a county clerk to file and that most of us, probably already have a property that has an existing Deed... or at least can find one in the county records if necessary... and make sure that you make a distinction between the Deed for the property that already exists, versus the Deed of Trust and Promissory note that we are trying to file. Thanks.
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October 22nd, 2023
The forms, and other information, are all excellent.rnI would be giving a 5-star review if it were not for the fact that downloading a "bundle" about quitclaim deeds required I download every single file independently (15 files). I would far prefer a zip file, or one click to download the whole pile of independent files.
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